Services in Detail
Arizona Foreclosure Law
Arizona Mortgage Deficiency Law
Folks Hess provides a full range
of non-judicial foreclosure, bankruptcy, eviction, and other default servicing legal
services in every Arizona county.
Our bankruptcy attorneys and
professional staff represent lenders — such as representative clients Fannie Mae and Freddie Mac — in consumer and commercial foreclosure,
loss mitigation, bankruptcy, eviction, creditors’ rights collection litigation
cases, loan workouts and matters related to real estate.
The firm’s current client list includes
many national banks, credit unions and mortgage servicers in the Southwest.
O. Folks is the firm’s lead attorney in
residential mortgage foreclosure, loss mitigation,
consumer bankruptcy, eviction and
litigation. He is a certified specialist in bankruptcy (Arizona Board of Legal
Specialization) and business bankruptcy (American Board of Certification) and
has successfully represented lenders in more than 15,000 residential
foreclosures and bankruptcy cases in Arizona for more than 30 years.
Mr. Folks, who chaired the Bankruptcy Section
of the State Bar of Arizona for 2009-2010, is a court-appointed panel
mediator of the U.S. Bankruptcy Court for
the District of Arizona and a former Superior Court judge pro tem. He has been an
active member of the Arizona bankruptcy bar for more than 30 years. In addition,
he is a long-time foreclosure trustee and a member of the Arizona Trustees
Association and the American Legal & Financial Network (ALFN).
Mr. Folks also has an extensive
background in real estate law, having closed many residential real estate
transactions for banks, primarily in the context of deed-in-lieu, loan workout
and REO sale transactions.
Our attorneys and staff have significant experience in documenting residential mortgage
and commercial loan modification, forbearance and other workout agreements. We
have negotiated and documented all types of loss mitigation agreements
concerning residential mortgage loans for many national banks and loan
servicers. We also have a paralegal trained and experienced in conducting
“hardship interviews” and documenting loss mitigation agreements.
Folks Hess has the staff and
capacity to absorb a significant volume of foreclosure, bankruptcy, collection,
eviction and REO closing cases. In particular, the firm utilizes a sophisticated
internal calendaring and foreclosure document preparation program – Foreclosure
Solutions, Inc. –
that is specific to Arizona foreclosures, is used by many trustees, and allows
our staff to process foreclosures on a virtually automated basis with protective
calendaring safeguards in place to protect our clients. The firm also uses TimeMatters to track bankruptcy, eviction and other litigation cases, and we are
proficient in the use of numerous electronic billing programs.